The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Building Australia’s Fintech Ecosystem: Innovation Hubs for a Competitive Advantage” – Ross P Buckley, Douglas W Arner, Dirk A Zetzsche and Evan C Gibson; and “Regulating Australia’s Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms” – Tony Ciro. Also in this Part are the following Sections: Insolvency Law and Management: “Don’t Be Too Cool to Pool: Employee Entitlement Contribution Orders and Pooling Orders” – Andrew Vella and Matthew Paterson; Securities and Mortgages: “Purchase Money Security Interests under the PPSA: A Note on Stockco Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd” – Anthony Duggan; United Kingdom and Europe: “History Repeating: Trading Restrictions in Europe at the Time of COVID-19” – Matteo Solinas; and “Germany’s Highest Court Challenges the Legality of the ECB’s Monetary Tools (and the EU’s Entire Legal Order)” – Matteo Solinas; and United States: “Predictive Factors in CEO and CFO Bank Fraud and Malfeasance” – Erich Heneke and Randall Valentine.
Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Andrew Vella, Angela Flannery, Anthony Duggan, articles, Australia and New Zealand Banking Group Ltd, Australian Securities and Investments Commission (ASIC), Australian Securities and Investments Commission Act 2001 (Cth), Building Australia's Fintech Ecosystem: Innovation Hubs for a Competitive Advantage, Commonwealth Bank of Australia Ltd, David Brown, Dirk A Zetzsche, Don't Be Too Cool to Pool: Employee Entitlement Contribution Orders and Pooling Orders, Douglas W Arner, Dr Matteo Solinas, Dr Stuart Dutson, Erich Heneke, Evan C Gibson, financial market manipulation of the Bank Bill Swap Reference Rate, Gerard Breen, Germany's Highest Court Challenges the Legality of the ECB's Monetary Tools (and the EU's Entire Legal Order), History Repeating: Trading Restrictions in Europe at the Time of COVID-19, Insolvency law and management, JBFLP, Lindsay Powers, Matthew Paterson, Mr David McIlroy QC, Mr John Jarvis QC, Mr Kallun Willock, National Australia Bank Ltd, Predictive Factors in CEO and CFO Bank Fraud and Malfeasance, Purchase Money Security Interests under the PPSA: A Note on Stockco Agricapital Pty Ltd v Dairy Livestock Services Pty Ltd, Randall Valentine, Regulating Australia's Benchmark Interest Rate Market: A Review of Recent Litigation and Market Reforms, Regulatory sandboxes, Ross P Buckley, Royal Commission into Misconduct in the Banking Superannuation and Financial Services Industry, Securities and mortgages, Tony Ciro, United Kingdom and Europe, United States, Westpac |
The latest Part of the Journal of Banking and Finance Law and Practice includes the following articles: “Challenges for Regulatory Reform in the Finance Sector: Learnings from the Last Decade” – Alice Klettner; “Rights in Collateral under the PPSA: Rebutting the Minimalist Approach” – Craig Wappett and Anthony Duggan; and “The Evolution and Consolidation of External Dispute Resolution Schemes in the Financial Sector: From the Banking Ombudsman to the Australian Financial Complaints Authority” – Ian Ramsay and Miranda Webster. Also in this Part are the following Sections: Banking Law and Banking Practice; Insolvency Law and Management; New Zealand; and Tokyo.
Posted in Journal of Banking and Finance Law and Practice (JBFLP), Journals, Update Summaries | Tagged Alice Klettner, alternative approach, Anthony Duggan, Australian Banking Industry Ombudsman (ABIO), Banking Law and Banking Practice, bitcoin, blockchain technology, Carter Holt Harvey, Craig Wappett, David Brown, David Craig, Dr Alan L Tyree, external dispute resolution (EDR), External Dispute Resolution Schemes in the Financial Sector, Gerard Breen, Guy Lethbridge, Hamersley v Forge, Ian Ramsay, immutability, Insolvency law and management, JBFLP, John Sheahan QC, Joto Tanpo, Lindsay Powers, Masahiro Ueno, Minimalist Articles, Miranda Webster, New Zealand, personal property securities, PPSA, Re Enhill, recharacterisation approach, Regulatory Reform in the Finance Sector, retention of title, Rights in Collateral under the PPSA, Ross Pennington, security interest, Simon Jensen, Steve Flynn, title retention arrangements, Tokyo, trading trust, unitary model |
The latest Part of the Company and Securities Law Journal includes the following articles: “‘Truth in Takeovers’ for Substantial Holders” – Emma Armson; “An Empirical Analysis of Intangible Asset Reporting Practices by Large Australian Listed Entities” – Professor Tony Ciro and Dr Bulend Terzioglu; and “An Analysis of the Enforcement of the Statutory Duty of Care by ASIC” – Ian M Ramsay and Benjamin B Saunders. This issue also includes the following sections: Editorial; Corporate Insolvency – Helen Anderson: “High Tide for Deeds of Company Arrangement? A Critical Review and Comment on Mighty River International Ltd v Hughes (2018) 92 ALJR 822; [2018] HCA 38” – Christopher Chiam; and Corporate Finance – Matthew Broderick: “Set-Off and the PPSA Revisited” – Anthony Duggan.
Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged "truth in takeovers" policy in ASIC Regulatory Guide 25, Anthony Duggan, Benjamin B Saunders, C&SLJ, Christopher Chiam, Corporate Finance, Corporate insolvency, Dr Bulend Terzioglu, Edmund Finnane, Emma Armson, enforcement of statutory duty by ASIC, Helen Anderson, Ian M Ramsay, intangible asset reporting by S&P/ASX 100 listed entities, Matthew Broderick, Mighty River International Ltd v Hughes (2018) 92 ALJR 822; [2018] HCA 38, PPSA revisited, Professor Tony Ciro |
The latest Part of the Company and Securities Law Journal includes the following articles: “Imposing Fiduciary Duties on Credit Rating Agencies Towards Investors” – Meena Hanna; “Whistleblowing and Corporate Governance: Regulating to Reap the Governance Benefits of ‘Institutionalised’ Whistleblowing” – Sulette Lombard and Vivienne Brand; and “From Damages to Disgorgement: Civil Remedies for Insider Trading in Australia” – Mark Watts. This issue also includes the following sections: Editorial; Vale: “Bob Baxt” – Rosemary Langford; Current Developments – Legal and Administrative: “Australian Securities and Investments Commission v Flugge: Section 180 Strikes Again” – Tim Bednall; Corporate Finance: “Refinancing Purchase Money Security Interests: A Note on Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd” – Anthony Duggan; Hong Kong, Singapore and Malaysia: “Confucian Teaching as an Ethical Compass in Business” – Charles KN Lam and Professor SH Goo; Corporate Governance and Corporate Social Responsibility: “An Analysis of the Business Objectives of the Largest Listed Companies in Australia, The United Kingdom and the United States” – Ian Ramsay and Belinda Sandonato; and New Zealand: “Crowd-Sourced Funding, Cryptocurrencies and Initial Coin Offerings in Australia and New Zealand” – Dr Gordon Walker.
Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged "institutionalised" whistleblowing, Allied Distribution Finance Pty Ltd v Samwise Holdings Pty Ltd, Anthony Duggan, Australian Securities and Investments Commission v Flugge, Belinda Sandonato, Bob Baxt AO, business objectives of largest companies in Australia UK and US, C&SLJ, Charles KN Lam, Confucian teaching in business, Corporate Finance, Corporate Governance and Corporate Social Responsibility, Corporations Act 2001 (Cth), crowd-sourced funding in Australia and New Zealand, cryptocurrencies in Australia and New Zealand, Current Developments - Legal and Administrative, disgorgement of profits, Editorial, fiduciary duties of credit rating agencies (CRAs), Gordon R Walker, Herbert Smith Freehills, Hong Kong Singapore and Malaysia, Ian Ramsay, initial coin offerings in Australia and New Zealand, Issuer-Pays business model, Jean du Plessis, Mark Watts, Matthew Broderick, Meena Hanna, New Zealand, Professor SH Goo, Rosemary Langford, Say Goo, suing insider traders for damages, Sulette Lombard, Tim Bednall, Vale, Vivienne Brand |
The latest Part of the Company and Securities Law Journal includes the following articles: “Catching Pre-insolvency Advisors: The Hidden Culprits of Illegal Phoenix Activity” – Helen Anderson and Jasper Hedges; “Personal Financial Product Advice under the Corporations Act” – RP Austin and Michael Vrisakis; “Commercial Litigation under the Personal Property Securities Act 2009 (Cth) – Part II” – Matthew Broderick and Dr David Morrison; “‘Persons Who Commonly Invest’: Who Are They?” – Andrew Eastwood; and “Financial Advisers – New Remuneration Constraints and Competency Requirements Addressing Perverse Incentives and Poor Advice” – Julie-Anne Tarr. This issue also includes the following sections: Editorial; Corporate Finance – Matthew Broderick: “et-Off and the PPSA: A Note on Hamersley Iron Pty Ltd V Forge Group Power Pty Ltd (In Liq)” – Anthony Duggan; Directors’ Duties – Dr Rosemary Teele Langford: “Breaches of Duty by Corporate Officers and Directors: Accessory Liability, Account of Profits and Causation” – Pauline Ridge; Corporate Insolvency – Helen Anderson: “To Prioritise or not to Prioritise: The Question of Prepayment Consumer Creditors” – Professor Christopher Symes and Dr Beth Nosworthy.
Posted in Company and Securities Law Journal (C&SLJ), Journals, Update Summaries | Tagged Andrew Eastwood, Anthony Duggan, Bob Baxt AO, breaches of duty by corporate officers and directors, C&SLJ, Ch 7 of the Corporations Act 2001 (Cth), Corporate Finance, Corporate insolvency, Corporations Amendment (Life Insurance Remuneration Arrangements) Act 2017 (Cth), Corporations Amendment (Professional Standards of Financial Advisers) Act 2017 (Cth), directors' duties, Dr Beth Nosworthy, Dr David Morrison, Dr Rosemary Teele Langford, Editorial, effects of Personal Property Securities Act 2009 (Cth) on litigation, general advice vs personal advice, Grant-Taylor v Babcock & Brown Ltd (in liq) (2016) 245 FCR 402; [2016] FCAFC 60, Hamersley Iron Pty Ltd V Forge Group Power Pty Ltd (In Liq), Helen Anderson, insider trading legislation, Jasper Hedges, Julie-Anne Tarr, Matthew Broderick, Michael Vrisakis, Murray Inquiry, Pauline Ridge, persons who commonly invest, perverse incentives and poor financial advice, pre-insolvency advisors promoting illegal phoenix activity, prepayment consumer creditors, Professor Christopher Symes, remuneration constraints and competency requirements, RP Austin, Trowbridge Final Report |
The latest Part of the Australian Business Law Review includes an Editorial by Professor Bob Baxt AO. It also contains the following articles: “The Law of Unintended Consequences: The Effects of Voiding Ipso Facto Clauses in Business Format Franchise Agreements” – Rob Nicholls and Jenny Buchan; “Empowering Workers: Avenues of Legal Redress for Victims of Workplace Cyberbullying” – Colette Langos and Mark Giancaspro; and “Recent PPSA Reform Initiatives in Canada” – Anthony Duggan. Also in this Part is the following section: Competition Law and Market Regulation: “The First Cartel Offence Prosecution in Australia: Implications and Non-implications” – Brent Fisse.
Posted in Australian Business Law Review (ABLR), Journals, Update Summaries | Tagged ABLR, Anthony Duggan, Brent Fisse, business format franchise agreements, Canadian Conference on Personal Property Security Law (CCPPSL), Colette Langos, Competition law and market regulation, Editorial, effects of voiding ipso facto clauses, Fair Work Act 2009 (Cth), first cartel offence prosecution, Jenny Buchan, law of unintended consequences, legal redress, Mark Giancaspro, Personal Property Security Acts, PPSA reform initiatives in Canada, Professor Bob Baxt AO, Pts IIIA and XIC of the Competition and Consumer Act 2010 (Cth), Rob Nicholls, stop bullying order, workplace cyberbullying |
The August 2013 issue of the Australian Business Law Review includes two interesting articles. The first comes from Caron Beaton-Wells and discusses the forthcoming review by the ACCC of its immunity policy for cartel conduct. The second article is by Anthony Duggan who focuses on chattel paper, one of the categories of personal property identified in the Personal Property Securities Act 2009 (Cth). There is also an editorial and a book review.
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